LOCAL COUNCILS (CONDUCT OF ELECTIONS) REGULATIONS
(under section 64)
(31st August, 1999)
S.I. 105, 1999.
1. Citation
These Regulations may be cited as the Local Councils (Conduct of Elections) Regulations*.
*Originally made under the Township Act now repealed, these regulations have been continued under s 94(2) of the Local Government Act, 2013.
2. Election instrument
(1) For the purposes of an election to a council or of a by-election to fill a vacancy therein caused by death, resignation or otherwise the Minister shall under his hand issue an instrument, addressed to the returning officer of each polling district for which a member is to be returned, fixing
(a) the place and day at and on which, and the hours between which, the returning officer will receive nominations of candidates for election; and
(b) the day for the taking of any poll which may become necessary.
(2) The day fixed under subregulation (1)(a) shall not be earlier than 14 days after the day on which the instrument is issued.
(3) The day fixed under subregulation (1)(b) shall not be earlier than 21 days after the day fixed under paragraph (a) of the said subregulation (1).
(4) Every instrument shall be in Form A in the Schedule and shall be forwarded to the Secretary to the Electoral Commission for transmission to the returning officer to whom it is addressed.
(5) As soon as practicable after an instrument has been issued, the Secretary to the Electoral Commission shall give notice thereof in the Gazette, specifying in such notice the various matters fixed in pursuance of subregulation (1)(a) and (b).
(6) Upon receipt of an instrument, the returning officer shall proceed to hold an election in the manner provided in the Electoral Act (Cap. 02:09), and shall give and publish notice thereof throughout the polling district in such manner as he thinks fit and shall cause a notice in Form B in the Schedule to be posted in such places as he considers desirable.
SCHEDULE
Form A
ELECTION INSTRUMENT
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LOCAL COUNCILS (CONDUCT OF ELECTIONS) REGULATIONS (Regulation 2) |
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ELECTION INSTRUMENT |
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The Minister of Local Government, Lands and Housing |
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To: The Returning Officer |
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……………………………………………………………………………………………………..Polling District |
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WHEREAS by regulation 2 of the Local Councils (Conduct of Elections) Regulations it is provided that for the purpose of an election to a District Council, a City or a Town Council or of a by-election to fill a vacancy therein caused by death, resignation or otherwise, the Minister of Local Government, Lands and Housing shall issue an election instrument under his hand, addressed to the returning officer of each polling district for which a member is to be returned; |
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AND WHEREAS it is desirable that an election instrument should be issued for an election; |
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NOW THEREFORE, I, …………………………………………………………………………………….., |
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at ………………………………………………………………………; and that any poll that may become |
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necessary shall be taken on the ……………………………. day of ………………………. 20 ………..; |
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GIVEN under my hand at …………………………………………………………………………………… |
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this ……………………….. day of …………………………………………………………………. 20 ………. |
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……………………………………………. |
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………………………………………………………………………………………………………………………… |
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has been duly elected as member for the ……………………………………………….. polling district. |
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Date:………………………………………………… |
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Form B
NOTICE OF ISSUE OF ELECTION INSTRUMENT
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LOCAL COUNCILS (CONDUCT OF ELECTIONS) REGULATIONS |
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(Regulation 2) |
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NOTICE OF ISSUE OF ELECTION INSTRUMENT |
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…………………………………………………………………………………………………….. Polling District |
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Notice is hereby given that the Minister of Local Government, Lands and Housing having issued an instrument for the election of a member for the……………………………………………….. |
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polling district, I will on the …………… day of ………………………………… 20 ………. between the hours 9.00 a.m. to 1.00 p.m. and 2.30 p.m. to 5.00 p.m. proceed to the nomination of candidates and, if there is no contest, to the election of a member for the polling district. |
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2. Each candidate must be nominated on a separate nomination paper. Forms of nomination may be obtained free of charge during office hours at the office of ……………………. |
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3. Every nomination must be proposed and seconded and supported by seven other persons and the names of such proposer, seconder and supporters must appear on the election roll of the polling district for which the candidate seeks election. |
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4. The consent of the candidate to stand for election must be endorsed on the nomination paper. |
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5. Every candidate must, either before his nomination paper is delivered to me, deposit or cause to be deposited in any convenient Government revenue office the sum of P20 in cash, and must at time of delivery of his nomination paper produce or cause to be produced to me the receipt for such sum or, at the time of delivery of his nomination paper deposit or cause to be deposited with me the sum of P20 in cash, and no nomination shall be valid unless the said deposit has been made and, in the case of a deposit made at a Government revenue office, the receipt therefor produced to me. |
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6. Nomination paper must be delivered to me between the hours of 9.00 a.m. to 1.00 p.m. and 2.30 p.m. to 5.00 p.m. on the ………….. day of …………………………………… 20 ………… |
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at …………………………………………………………………………………………………………………….. |
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7. If more than one candidate is validly nominated polls will be taken between the hours of ………….. and ………………….. on the ……………. day of ………………………………. 20 ……….. |
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Date: …………………………………………………. |
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